EC urges Bulgaria to implement rules on lawyer access, combatting racism

The EU executive arm has also escalated two existing infringement cases against Bulgaria, related to directives on protecting marine waters and addressing dissemination of terrorist content online, the Commission said in its March infringement package.

Regarding the transposition of EU rules on lawyer access rights and communicating upon arrest, the Commission found that certain Bulgarian measures do not meet the requirements, such as the scope of application of procedural safeguards being too narrow.

The directive aims to ensure early access to a lawyer for people under a European arrest warrant, along with suspects and those accused in criminal proceedings. It also guarantees that those deprived of liberty can communicate with employers, family members and consular authorities.

In the second case, related to the implementation of EU rules on racism and xenophobia, the Commission said it sent a letter of formal notice to Bulgaria in February 2021. Last July, Bulgaria adopted a law amending the criminal code, partly addressing the concerns, but still does not fully comply with requirements.

The framework seeks to enforce effective, proportionate and dissuasive criminal penalties throughout the EU against serious demonstrations of racism and xenophobia.

Bulgaria has two months to correctly implement the four directives.